Attorney Edward J. Chandler has successfully represented numerous clients in criminal cases throughout Broward, Dade and Palm beach Counties in the State of Florida. Edward J. Chandler prides himself on aggressive representation with a personal touch.

In addition to personally handling your case, Edward J. Chandler, Esq. will be available to you during every step of the process. Edward J. Chandler guarantees that you and your case will receive his undivided attention.

Federal Sentencing Guidelines

APPLYING THE FEDERAL SENTENCING GUIDELINES?

The federal sentencing guidelines are rules that federal judges are required to consider when sentencing someone who has been convicted of a crime. Intended to give federal judges fair and consistent sentencing ranges to consult when they are handing down a sentence, the guidelines are based on both the seriousness of the crime and the particular offender’s characteristics and criminal record.

The guidelines are not mandatory. (United States v. Booker, 543 U.S. 20 (2005).) But a judge who wants to impose a sentence that is different—whether it’s harsher or more lenient—from the one calculated by using the guidelines must explain the decision.

The United States Sentencing Commission

Federal sentencing guidelines are written by an independent agency called the U.S. Sentencing Commission, which is part of the judicial branch of the federal government. In addition to promulgating the guidelines, the commission advises the other branches of government on criminal policy matters and collects and analyzes crime and sentencing data.

How the Sentencing Guidelines Work

The guidelines assign most federal crimes to one of 43 “offense levels.” Each offender is assigned to one of six “criminal history categories,” based upon the extent and recency of past criminal activity.
The point at which the offense level and criminal history category intersect on the Commission’s sentencing table determines an offender’s guideline range. To provide flexibility, the top of each guideline range exceeds the bottom by six months or 25 percent (whichever is greater). Judges are advised to choose a sentence from within the guideline range unless they identify a factor that the Sentencing Commission failed to consider that should result in a different sentence.

Offense Levels: How Serious Was the Crime?

The sentencing guidelines provide 43 levels of offense seriousness. The more serious the crime, the higher the offense level. For example, first-degree (premeditated) murder has a base offense level of 43. Burglary of a residence has a base offense level of 17.
The final offense level is determined by taking the base offense level and then adding or subtracting from it any specific offense characteristics and adjustments that apply.

Specific Offense Characteristics: Raising the Offense Level

In addition to base offense levels, each offense type typically carries with it a number of specific offense characteristics. These are factors that can increase or decrease the base offense level and ultimately affect the sentence an offender receives.
Adjustments are factors that can apply to any offense and increase or decrease the offense level. They are categorized as victim-related adjustments, the offender’s role in the offense, and obstruction of justice. Examples include:

If the offender was a minimal participant in the offense, the offense level decreases by four levels.

If the offender knew that the victim was unusually vulnerable due to age or physical or mental condition, the offense level is increased by two levels.

If the offender obstructed justice, the offense level goes up two levels.

Multiple Count Adjustments

When someone is convicted on multiple counts, the sentencing guidelines provide instructions on how to achieve a “combined offense level.” These rules provide incremental punishment for significant additional criminal conduct. The most serious offense is used as a starting point. The other counts determine whether to and how much to increase the offense level.

Acceptance of Responsibility Adjustments

The final step in determining an offender’s offense level involves the offender’s acceptance of responsibility. The judge may decrease the offense level by two levels if, in the judge’s opinion, the offender accepted responsibility for the offense. In deciding whether to grant this deduction, judges can consider such factors as whether or not the offender:

truthfully admitted a role in the crime

made restitution before there was a guilty verdict, or

pled guilty.

If the offense level is 16 or more, the judge may decrease the offense level by one additional level if the government makes a motion stating that the defendant's early guilty plea avoided using government and court resources for trial.

Criminal History

The second big element in the guidelines is the offender’s criminal record. The guidelines assign each offender to one of six criminal history categories based upon the length of his sentences for past crimes and how recently these crimes took place. Criminal History Category I is for those with the least serious criminal records and includes many first-time offenders. Offenders with lengthy criminal records are assigned to Category VI.

Determining the Guideline Range

The point at which the final offense level and the criminal history category intersect on the commission’s sentencing table determines the defendant’s sentencing guideline range.
An excerpt from the sentencing table is shown below. As you can see, an offender with a Criminal History Category of I and a final offense level of 20 would have a guideline range sentence of 33 to 41 months.

SENTENCING TABLE
(excerpt )(in months of imprisonment )

Criminal History Category

Offense
Level

I

II

III

IV

V

VI

..

...

...

...

...

....

19

30-37

33-41

37-46

46-57

57-71

63-78

2 0

33-41

37-46

41-51

51-63

63-78

70-87

2 1

37-46

41-51

46-57

57-71

70-87

77-96

..

...

...

...

...

....

Departures from the Guidelines

The final step in the process a judge must follow is to decide whether there are aggravating or mitigating circumstances that the Sentencing Commission, when it formulated the guidelines, didn’t take into account or didn't take into account sufficiently. (18 U.S.C. § 3553(b).) A judge who determines that such an aggravating or mitigating circumstance exists may impose a sentence above or below the guideline range. When departing from the guidelines, however, the judge must state the reason in writing.

If the sentence is an upward departure, the offender may appeal the sentence; if it is a downward departure, the government may appeal. One special kind of departure is the “substantial assistance” departure. This downward departure may be granted if the offender has provided substantial assistance in the investigation or prosecution of another offender. A request for a lower sentence for substantial assistance must be made by the prosecution, but the judge decides whether to grant it and, if so, to what extent.

Finally, the judge can vary from the guidelines where the circumstances of the offender or the offense indicate that it would be unreasonable for the judge to sentence following the guidelines. When imposing a sentence based on a variance from the guidelines, the judge must state his or her reasons in writing.

You will serve almost all of your sentence. There is no such thing as parole in the federal system for all crimes committed after November 1, 1987. If your sentence is longer than one year, you might qualify for a small reduction for “good time” which is earned at the rate of 54 days for every year of the sentence. Although the statute that governs good conduct time, 18 U.S.C. § 3624(b), states that prisoners may earn up to 54 days per year, the Bureau of Prisons (BOP) awards a maximum of 47 days for each year of the sentence imposed.

In addition, you may spend the last 10 % of your sentence, up to 6 months, in a community corrections center, or “half-way house.” The recently passed Second Chance Act requires the BOP to issue regulations allowing prisoners to be placed in community corrections centers for up to twelve months, but the BOP has not yet issued such regulations. Not all inmates are eligible for half-way house. For example, those with immigration or other types of detainers are ineligible, as are sex offenders.

Time calculation is complicated. You will generally receive credit for every day you spend in “official detention” after the offense for which you were convicted as long as those days were not credited toward another sentence. Unfortunately, the definition of “official detention” is not always clear. For example, time in a halfway house or in home confinement is not counted. The basic rule is in section 3585(b) of title 18 of the United States Code, but this is an important issue to discuss with your defense attorney because it is so complicated. In some instances, an attorney may be able to persuade a court to adjust the federal sentence to account for any potential discrepancies between the credits that the Bureau of Prisons will count, on the one hand, and the time the judge thinks should count on the other.

If you were in state custody and were brought into federal custody pursuant to a “writ of habeas corpus ad prosequendum,” the federal Bureau of Prisons (BOP) will generally only give you credits against your federal sentence if you did not receive state custody credits. But if you were in state custody and the state dropped charges in favor of a federal prosecution, you will probably receive credits against your federal sentence even for the time you spent in state custody before the federal charges were filed as long as that time in custody occurred after the offense for which you were convicted federally and as long as you did not receive credit in the state against another state sentence.

Time spent in immigration custody may or may not be considered “official detention.” It is important to discuss this issue with your individual attorney so he or she may attempt to work out a resolution that will result in the time being credited.

The initial appearance in magistrate court is not, ultimately, determinative of how your time is counted. What is important is the question whether you were in “official detention.”

Usually you will get credit for all of the time you have been in custody while facing a federal charge. There is an exception when you are serving another sentence either in state or federal prison. For example, if you were in state custody and were brought into federal custody pursuant to a “writ of habeas corpus ad prosequendum,” then the federal Bureau of Prisons (BOP) will generally only give you credits against your federal sentence if you did not receive state custody credits. But if you were in state custody and the state dropped charges in favor of a federal prosecution, you will probably receive credits against your federal sentence even for the time you spent in state custody before the federal charges were filed as long as that time in custody occurred after the offense for which you were convicted federally and you did not receive credit in the state against another state sentence. Because this issue is so complicated, it is important to discuss any possible credits issues with your attorney before you are sentenced.

In some instances, an attorney may be able to persuade a court to adjust the federal sentence to account for any potential discrepancies between the credits that the Bureau of Prisons will count, on the one hand, and the time the judge thinks should count on the other.

My goal is to represent my clients as I would want to be represented, always putting their interests first, diligently working to fully understand and serve the clients' needs. In short, to do whatever it takes for the successful resolution of the
clients' causes.

If you are being investigated or charged with a Federal or State criminal offense, you need to seek the advice of Edward J. Chandler, Esq., an experienced Florida Federal and State criminal defense attorney since 1991! Right now, you may be filled with fear, confusion, embarrassment, and anger. You probably have a thousand questions and want to know your rights and how to proceed. With your future as stake, you need to think smart and speak with an experienced Florida criminal defense lawyer as soon as possible.

Since a criminal conviction may affect your future, your reputation and your chances of getting a job, it is critical that you seek out an experienced Florida criminal defense attorney such as Edward J, Chandler, as soon as you are being investigated or charged with a Federal or State criminal offense. The right Florida criminal defense lawyer can evaluate your case, determine legal strategies, and defend you in court, increasing your likelihood of staying out of jail and protecting your future.

Given the complexity of criminal defense in Florida, it is important that you choose a Florida criminal defense lawyer that knows the Federal and State systems, and who combines experience with a track record, and who has a thorough understanding and familiarity with the law, the prosecutors and the local courts. If you have been accused of a crime, your time to get the right experienced Federal or State criminal defense attorney is limited. Regardless of whether you are innocent or guilty, you deserve aggressive, experienced legal representation.

Violating the laws in Florida can result in harsh punishments, such as incarceration and fines. However, being charged with a Federal or State criminal offense does not have to devastate your entire life. Edward J. Chandler, Esq, is here to ensure that you get your life back, your peace of mind and your freedom. "I employ an aggressive defense, often convincing the prosecution to reduce the charges against you or, in some cases, dismissing them. My sole priority is to achieve a resolution that you can live with."

Attorney Edward J. Chandler has successfully represented numerous clients charged with criminal offenses throughout the State of Florida. Edward J. Chandler prides himself on aggressive representation with a personal touch. Armed with Federal and State legal knowledge and experience, he can build a winning defense. Edward J. Chandler, Esq. is accustomed to taking on the criminal justice system and achieving the best results for his clients. In addition to personally handling your case from investigation, arrest, bond hearing, arraignment, discovery and through jury trial, Edward J. Chandler, Esq. will be available to you during every step of the criminal procedure. Edward J. Chandler guarantees that you and your case will receive his undivided attention.

When your future is on the line…Call the Law Offices of Edward J. Chandler, P.A. at (954) 788-1355 24/7 immediately! Your phone consultation is free and completely confidential.

The sentencing judge must consider all “relevant conduct” for certain offenses, mostly drug, theft, and fraud offenses where the “offense level” is based on quantity. “Relevant conduct” is any conduct that has a common scheme or plan, including charges that were dismissed as part of a plea agreement. For this reason, plea agreements are often less beneficial than they first seem. The government still has to prove that you actually committed the crime dismissed in a prior plea agreement.

The sentencing judge must consider all “relevant conduct” for certain offenses, mostly drug, theft, and fraud offenses where the “offense level” is based on quantity. “Relevant conduct” is any conduct that has a common scheme or plan, including charges for which you were “not guilty.”

When a jury finds you “not guilty,” they have only determined that the prosecution has not met its burden of proving you guilty of all elements of the crime beyond a reasonable doubt. The jury has not made the determination that you did not commit the crime. In a subsequent case a sentencing judge need only determine whether it is more likely than not that you engaged in the conduct previously charged against you.

Since it seems terribly unfair and is disrespectful of a jury’s verdict, some judges in some cases refuse to consider charges for which a person was found not guilty.

KNOW YOUR RIGHTS!

My goal is to represent my clients as I would want to be represented, always putting their interests first, diligently working to fully understand and serve the clients' needs. In short, to do whatever it takes for the successful resolution of the
clients' causes. If you are being investigated or charged with a Federal or State criminal offense, you need to seek the advice of Edward J. Chandler, Esq., an experienced Florida Federal and State criminal defense attorney since 1991! Right now, you may be filled with fear, confusion, embarrassment, and anger. You probably have a thousand questions and want to know your rights and how to proceed. With your future as stake, you need to think smart and speak with an experienced Florida criminal defense lawyer as soon as possible.

Since a criminal conviction may affect your future, your reputation and your chances of getting a job, it is critical that you seek out an experienced Florida criminal defense attorney such as Edward J, Chandler, as soon as you are being investigated or charged with a Federal or State criminal offense. The right Florida criminal defense lawyer can evaluate your case, determine legal strategies, and defend you in court, increasing your likelihood of staying out of jail and protecting your future.

Given the complexity of criminal defense in Florida, it is important that you choose a Florida criminal defense lawyer that knows the Federal and State systems, and who combines experience with a track record, and who has a thorough understanding and familiarity with the law, the prosecutors and the local courts. If you have been accused of a crime, your time to get the right experienced Federal or State criminal defense attorney is limited. Regardless of whether you are innocent or guilty, you deserve aggressive, experienced legal representation.

Violating the laws in Florida can result in harsh punishments, such as incarceration and fines. However, being charged with a Federal or State criminal offense does not have to devastate your entire life. Edward J. Chandler, Esq, is here to ensure that you get your life back, your peace of mind and your freedom. "I employ an aggressive defense, often convincing the prosecution to reduce the charges against you or, in some cases, dismissing them. My sole priority is to achieve a resolution that you can live with."

Attorney Edward J. Chandler has successfully represented numerous clients charged with criminal offenses throughout the State of Florida. Edward J. Chandler prides himself on aggressive representation with a personal touch. Armed with Federal and State legal knowledge and experience, he can build a winning defense. Edward J. Chandler, Esq. is accustomed to taking on the criminal justice system and achieving the best results for his clients. In addition to personally handling your case from investigation, arrest, bond hearing, arraignment, discovery and through jury trial, Edward J. Chandler, Esq. will be available to you during every step of the criminal procedure. Edward J. Chandler guarantees that you and your case will receive his undivided attention.

When your future is on the line…Call the Law Offices of Edward J. Chandler, P.A. at (954) 788-1355 24/7 immediately! Your phone consultation is free and completely confidential.

The Law Offices of Edward J. Chandler, P.A. is a full service law firm providing aggressive representation to clients in the areas of Family law, Personal Injury, Criminal Defense, Real Estate, Foreclosure Defense, Mortgage Loan Modification, Short Sales, Deed in Lieu of Foreclosure, Commercial Litigation, Business, Unfair Competition, Fraud, Personal Injury, and Criminal Defense.

Biography of Edward J. Chandler, Esq.

Mr. Chandler is licensed to practice law in both Florida and Wisconsin, and is a member of the Supreme Court of the State of Florida, the United States District Court for the Southern District and Northern District of Florida, 4th District Court of Appeals, 11th Circuit Court of Appeals, U.S. Tax Court, and the Supreme Court of the United States.

Mr. Chandler received his undergraduate degree from the University of Miami and his law degree from St. Thomas University School of Law, where he was a marshall in the Phi Alpha Delta Law Fraternity.

Mr. Chandler lives in South Florida. His practice has expanded to include such areas as criminal law, Federal Criminal Defense, personal injury, family law, business law, commercial litigation and real estate.

If for some reason we cannot assist you in any legal matter, we will refer you to a trusted colleague who may be able to help you.

The history of the Federal Sentencing Guidelines

Federal sentencing guidelines were established by Congress in 1987 to create uniform sentences for similar crimes across the country. Unlike mandatory minimum sentencing laws which can eliminate judicial discretion, the guidelines require a sentencing judge to consider various facts about the specific crime and defendant to justify a sentence within the guidelines. Judicial consideration of these facts lead to a "guideline range," for example: 18 to 24 months. Mandatory minimums are "one-size-fits-all," but the guidelines allow for upward or downward departures in unusual cases.

Unfortunately, mandatory sentencing laws supersede or "trump" the sentencing guidelines, so judges first must determine if a defendant has been convicted of a crime which triggers a mandatory minimum penalty. If so, the mandatory minimum sentence must be imposed regardless of the sentencing guidelines recommendation. Current federal sentencing guideline tables can be found at the U.S. Sentencing Commission's website.

There are only two ways to avoid a mandatory minimum sentence. First, a defendant can provide "substantial assistance" to the government by turning in other defendants. Second, a defendant in a drug case only can qualify as a "safety valve" defendant. Congress created the “safety valve” in 1994 to address excessive sentences for nonviolent drug offenders. Congress created the “safety valve” in 1994 to address excessive sentences for nonviolent drug offenders. It is very difficult to qualify as a “safety valve” defendant, and thousands of nonviolent drug defendants are still sent to prison for decades under mandatory minimum sentencing laws. But a low-level, nonviolent offender who qualifies for the “safety valve” can be sentenced at the judge’s discretion under the sentencing guidelines instead of mandatory minimum laws. You qualify for a “safety valve” only if your “criminal history category” is a Category I under the sentencing guidelines, you did not threaten violence or possess a gun, your offense did not result in death or serious bodily injury; you were not a leader in the offense; and you agree to provide the prosecutor with all the information and evidence you have concerning the offense and related offenses.

The Federal Sentencing Guidelines were created by the United States Sentencing Commission in the 1990's. They purported to be a statistical compilation of sentences imposed in the federal courts throughout the nation for a given crime and where given sentencing factors were present. The purpose was to establish a degree of uniformity in sentences throughout the nation.

The Sentencing Guidelines were binding on the federal judges until 2006 when the United States Supreme Court declared that the guidelines were unconstitutional. The Supreme Court declared that the guidelines were advisory and not mandatory on the judges.How calculate a federal sentence:
You must determine the offense conduct:
Chapter two of the guidelines sets forth the "base offense level" for the crime with which you are convicted. You must determine theOffense related adjustments
In Chapter Three you will see a number of offense-related adjustments.
"Acceptance of responsibility" §3E1.1. Acceptance of Responsibility provides a reduction of two or three points (depending on your base offense level) You must determine theCriminal history category
They will assess one to three criminal history point (which is different than a guideline point) for each prior conviction depending upon the length of the conviction. You then consult the criminal history table. It provides as follows:

Catetory Points

I (0 or 1)

II (2 or 3)

III (4, 5, 6)

IV (7, 8, 9)

V (10, 11, 12)

VI (13 or more)

You must determine number of months and dusted offense level from The sentencing table range;

On Page 392 the "adusted offense level" is found by adding or substracting the offense-related adjustments to the base offense level. Then determine the criminal history category. Using the table you will then be able to determine your sentencing guideline range.

KNOW YOUR RIGHTS!

My goal is to represent my clients as I would want to be represented, always putting their interests first, diligently working to fully understand and serve the clients' needs. In short, to do whatever it takes for the successful resolution of the
clients' causes. If you are being investigated or charged with a Federal or State criminal offense, you need to seek the advice of Edward J. Chandler, Esq., an experienced Florida Federal and State criminal defense attorney since 1991! Right now, you may be filled with fear, confusion, embarrassment, and anger. You probably have a thousand questions and want to know your rights and how to proceed. With your future as stake, you need to think smart and speak with an experienced Florida criminal defense lawyer as soon as possible.

Since a criminal conviction may affect your future, your reputation and your chances of getting a job, it is critical that you seek out an experienced Florida criminal defense attorney such as Edward J, Chandler, as soon as you are being investigated or charged with a Federal or State criminal offense. The right Florida criminal defense lawyer can evaluate your case, determine legal strategies, and defend you in court, increasing your likelihood of staying out of jail and protecting your future.

Given the complexity of criminal defense in Florida, it is important that you choose a Florida criminal defense lawyer that knows the Federal and State systems, and who combines experience with a track record, and who has a thorough understanding and familiarity with the law, the prosecutors and the local courts. If you have been accused of a crime, your time to get the right experienced Federal or State criminal defense attorney is limited. Regardless of whether you are innocent or guilty, you deserve aggressive, experienced legal representation.

Violating the laws in Florida can result in harsh punishments, such as incarceration and fines. However, being charged with a Federal or State criminal offense does not have to devastate your entire life. Edward J. Chandler, Esq, is here to ensure that you get your life back, your peace of mind and your freedom. "I employ an aggressive defense, often convincing the prosecution to reduce the charges against you or, in some cases, dismissing them. My sole priority is to achieve a resolution that you can live with."

Attorney Edward J. Chandler has successfully represented numerous clients charged with criminal offenses throughout the State of Florida. Edward J. Chandler prides himself on aggressive representation with a personal touch. Armed with Federal and State legal knowledge and experience, he can build a winning defense. Edward J. Chandler, Esq. is accustomed to taking on the criminal justice system and achieving the best results for his clients. In addition to personally handling your case from investigation, arrest, bond hearing, arraignment, discovery and through jury trial, Edward J. Chandler, Esq. will be available to you during every step of the criminal procedure. Edward J. Chandler guarantees that you and your case will receive his undivided attention.

When your future is on the line…Call the Law Offices of Edward J. Chandler, P.A. at (954) 788-1355 24/7 immediately! Your phone consultation is free and completely confidential.